Malawi High Court
In a stunning turnaround, the High Court of Malawi has set aside a lower court’s ruling that would have extradited self-proclaimed prophet Shepherd Bushiri and his wife Mary back to South Africa to face serious criminal charges.
The decision, handed down on Friday, 31 October 2025, declares the earlier extradition order unlawful and unconstitutional, handing a major victory to the couple who have been fighting their return since fleeing South Africa in 2020. This developing story highlights ongoing legal battles over fraud, money laundering, and other allegations against the Bushiris, while raising questions about international cooperation and fair trial rights. As South African authorities digest the ruling, an appeal could be on the cards, keeping the saga alive for the controversial religious leaders and their millions of followers.
High Court Rules Extradition Process Flawed
QJustice Mzonde Mvula of the Lilongwe High Court Criminal Division reviewed the case under Section 10(1) of Malawi’s Extradition Act and found significant issues with the Chief Resident Magistrate’s order from 12 March 2025. The magistrate had approved South Africa’s request to extradite Shepherd Huxley Bushiri and Mary Bushiri, but the High Court said this did not properly follow from the evidence or legal requirements. “The Magistrate lacked brevity to stand by the course of justice to request entirely for reasons explained above. Dismissing all but three was only a good starting point. We have completed what was omitted,” the court stated in its per curiam summary order.
The Bushiris’ legal team argued that the extradition violated their rights and that they feared an unfair trial in South Africa. They claimed the process was rushed and did not consider their safety concerns. The High Court’s ruling agrees, setting aside the committal order and stopping any handover for now. This means the couple remains free in Malawi, where they have lived since skipping bail in South Africa over four years ago.
Bushiri’s supporters erupted in celebration, seeing the decision as divine intervention. The prophet, known for his massive Enlightened Christian Gathering church, took to social media to thank God and his lawyers, calling it a “triumph of justice over injustice.” His wife Mary echoed the sentiment, saying the ruling restores hope for those facing wrongful persecution.
Background to the Bushiri Legal Saga
Shepherd Bushiri, often called “Major 1” by his followers, and Mary Bushiri face multiple charges in South Africa, including fraud, theft, money laundering, and rape, linked to their church operations and alleged investment schemes worth over R100 million. Authorities say they ran a Ponzi-like scam, promising high returns to investors who lost everything. The couple was arrested in South Africa in October 2020 but released on bail. Just days later, they fled to Malawi, claiming threats to their lives and bias in the justice system.
Malawi arrested them in November 2020 on South Africa’s extradition request, sparking a drawn-out legal fight. Initial hearings in 2021 saw a magistrate rule in favour of extradition, but appeals and delays followed. The March 2025 order revived the process, with South Africa’s government welcoming it as a step towards justice. Minister of Justice and Constitutional Development Mmamoloko Kubayi had dismissed the Bushiris’ appeals as delaying tactics, vowing to oppose them.
The couple has always denied the charges, saying they are politically motivated to shut down their ministry. Bushiri’s church has grown hugely in Malawi, drawing crowds for miracles and prophecies. Supporters see him as a victim, while critics call for accountability over the alleged scams that hurt many poor followers.
Reactions from South Africa and Malawi
South African officials expressed disappointment but said they are studying the ruling for possible next steps. The National Prosecuting Authority (NPA) noted the decision’s impact but reaffirmed their commitment to bringing the Bushiris to trial. “This shows that no one can run away from the rule of law,” an earlier NPA statement had said about the magistrate’s order. Now, with the High Court’s reversal, an appeal to Malawi’s Supreme Court could be filed, potentially dragging the case on for months or years.
In Malawi, the ruling has split opinions. Some see it as upholding justice, while others worry it strains ties with South Africa. The Bushiris’ lawyer, Wapona Kita, hailed it as a “landmark” win, proving the extradition was flawed from the start. Opposition groups in Malawi have used the case to criticise government handling, claiming political interference.
Human rights groups welcomed the focus on fair trial rights, noting the Bushiris’ claims of bias in South Africa. They urged both countries to respect legal processes and avoid turning the case into a diplomatic row.
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